People v. Bush

Defendant was found guilty of felony murder, second degree murder, aggravated battery with a firearm, two counts of mob action, reckless discharge of a firearm, and unlawful possession of a weapon by a felon. The appellate court reversed defendant’s conviction of aggravated battery with a firearm, vacated the jury’s finding of guilty for reckless discharge of a firearm, and affirmed defendant’s convictions and sentences for felony murder and unlawful possession of a weapon by a felon. The Supreme Court granted defendant’s PLA challenging his remaining convictions and affirmed the appellate court, finding that the State proved defendant guilty beyond a reasonable doubt of mob action, the mob action properly served as the predicate offense for defendant’s felony murder conviction, the trial court’s exclusion of prior inconsistent statements was harmless error, and that no clear or obvious error occurred when the trial court did not sua sponte remove a juror. (THEIS, OVERSTREET, HOLDER WHITE, CUNNINGHAM, and ROCHFORD, concurring. O’BRIEN took no part).